A man suspected of murdering a Cheyenne woman in 2019 could soon strike some kind of plea deal with Park County prosecutors, one of the suspect’s court-appointed attorneys said last week.

Although Joseph C. Underwood has denied the allegations and pleaded not guilty, “I expect this to be a change of plea coming up quickly,” defense attorney Tim Blatt said at a Thursday hearing in Park County District Court.

Underwood is alleged to have killed 40-year-old Angela Elizondo in Cheyenne and then dumped her body in a remote spot south of Cody in November 2019. However, the case has been complicated and repeatedly delayed by concerns about Underwood’s mental health.

Competing competency

Laramie County authorities tried to prosecute Underwood for first-degree murder and other charges, but dropped their case in 2022, after two experts found he was unfit to stand trial.

Park County Prosecuting Attorney Bryan Skoric then brought his own charges against Underwood — including for allegedly hiding the woman’s body off Wyo. Highway 120 south of Cody and possessing a firearm despite a prior conviction for a violent felony.

The Park County proceedings were put on hold to again evaluate Underwood’s mental fitness, but this time around, experts and Circuit Court Judge Joey Darrah agreed the 50-year-old was
competent to proceed.

Underwood subsequently pleaded not guilty by reason of mental illness, which applies when someone “lacked substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law” at the time they committed a crime.

However, a confidential evaluation conducted by the Wyoming State Hospital over the winter apparently found that Underwood was well enough to be held responsible for the allegations.

Blatt and fellow public defender Sam Krone initially requested another evaluation, but after further discussions with Underwood and State Public Defender Brandon Booth, “we have decided we are not going to request a designated examiner for a second opinion,” Blatt said Thursday.

Instead, they’re awaiting to see what plea offer they’ll receive from Skoric. Blatt said it’s his understanding that Skoric “does believe that this will be a case that we can probably get resolved.”

‘I don’t understand’

Of course, it remains to be seen whether Underwood will go along with a deal. In letters to the court, he has criticized Blatt and Krone, asked for a new judge and insisted that he is unfit to stand trial.

He didn’t appear to have changed his position on Thursday: When District Court Judge Bill Simpson asked if he was satisfied with his attorneys, Underwood flatly responded, “No.” And when Simpson asked if he understood his right to a speedy trial, Underwood responded, “No, I don’t understand.”

“Alright,” the judge said. “We’ll just confirm that Mr. Underwood does not acknowledge in the affirmative any of the traditional questions …”

Underwood later added that he was “really confused” by the proceedings.

It is undisputed that Underwood suffered brain damage in a 1992 motorcycle crash and from shooting himself in the head in a 2014 standoff with police. However, prosecutors have argued the defendant is overplaying the extent and impact of his injuries. One psychiatrist, Dr. Steven Nelson, testified in court last year that he has a strong concern that Underwood is “either exaggerating or feigning some of the symptomatology that he’s presenting.”

In court on Thursday, Blatt offered that, “I do believe Mr. Underwood understands that we’re kind of waiting for Mr. Skoric to get back [to the defense] as to confirmation of a suggested plea that we’ve presented …”

Underwood said his attorney’s explanation helped, but that he was still a little bit confused and would have to think about it.

Simpson gave the parties a June 6 deadline to determine if they have an agreement; Blatt said he thought that would be “plenty” of time.

If found guilty of all of the pending Park County charges at a trial, the absolute maximum prison time Underwood could receive is 14.5 years. 

The murder and other charges brought in Laramie County carried the potential of a lifelong prison sentence, but they have been permanently dismissed.